What to do if wife is threatening me to commit suicide?
Is the wife really threatened you?
In many matrimonial cases I have seen wife many time threatens husband to commit suicide or attempt one.
But why she do this?
The reason why she do this can be plenty most common are listed below..
She wants her wishes to come true…Here you need to realize her needs and address them.
Psychological issues-: you need to consult some profession and take report for own safety.
parental interference-Sometimes too much interference from her parents side is an issue
Other issue may be dowry demand which is illegal and I believe punishment should be given in such cases.
Legal process and procedure..
Whatever may be the real reason except the dowry demand, you have to stay alert and do some things.
Recording-: The reason why she is attempting suicide must be recorded. Because if she commits suicide and her parents put wrong dowry allegations on you then you will be prosecuted under 304B which puts reverse burden of proof and you have to explain why she commited suicide.
Medical Documents-: if she is attempting suicide due to medical stress then immediately counsellor needs to be consulted and the written opinion is to be kept for your safety.
Mediation-: You have to disclose this thing to her parents and other neutral persons needs to be involved. The real reason is kept before them also.
Judicial Separation-: If wife try to attempt suicide then it is better to apply for judicial separation/divorce immediately so that everything comes on record. Star staying separately.
Divorce-: Attempting to do suicide and keeping husband under stress is also a cause of mental cruelty and divorce. provided you have above 3 things that is recording, medical documents and mediation.
Complaint under 309 IPC You can simultaneously lodge a complaint under 309 IPC as attempt to commit suicide is also an offence.
Wife threatning to commit suicide is an unfortunate thing but if she commits a suicide then in recent Judgement of
Satbir Singh Vs. State of Haryana
The usage of rebuttable presumption of causality, under Section 113B, Evidence Act, creates a greater responsibility on Judges, defense and prosecution. They need to be extra careful during conducting criminal trials relating to Section 304B, IPC. In order to address this precarious situation, procedural law has some safeguards, which merits mentioning herein.
20. It is a matter of grave concern that, often, Trial Courts record the statement of an accused under Section 313, CrPC in a very casual and cursory manner, without specifically questioning the accused as to his defense. It ought to be noted that the examination of an accused under Section 313, CrPC cannot be treated as a mere procedural formality, as it is based on the fundamental principle of fairness. This provision incorporates the valuable principle of natural justice “audi alteram partem”, as it enables the accused to offer an explanation for the incriminatory material appearing against him. Therefore, it imposes an obligation on the part of the Court to question the accused fairly, with care and caution. The Court must put incriminating circumstances before the accused and seek his response. A duty is also cast on the counsel of the accused to prepare his defense, since the inception of the trial, with due caution, keeping in consideration the peculiarities of Section 304B, IPC read with Section 113B, Evidence Act.
21. Section 232, CrPC assumes importance, which reads as, “If, after taking the evidence for the prosecution, examining the accused and hearing the prosecution and the defence on the point, the Judge considers that there is no evidence that the accused committed the offence, the Judge shall record an order of acquittal”. Once the Trial Court decides that the accused is not eligible to be acquitted as per the provisions of Section 232, CrPC, it must move on and fix hearings specifically for ‘defence evidence’, calling upon the accused to present his defense as per the procedure provided under Section 233, CrPC, which is also an invaluable right provided to the accused. Existence of such procedural right cohesively sits with the rebuttable presumption as provided under Section 113B, Evidence Act.
22. The second contentious part relating to Section 304B, IPC is that it does not take a pigeonhole approach in categorizing death as homicidal or suicidal or accidental, as was done earlier. The reason for such non categorization is due to the fact that death occurring “otherwise than under normal circumstances” can, in cases, be homicidal or suicidal or accidental. However, the Section 304B, IPC endeavors to also address those situations wherein murders or suicide are masqueraded as accidents.
Nitish Banka is an advocate practicing in Supreme Court of India and can be reached at [email protected] or 9891549997
